Appeal No. 2006-1824 Application No. 10/131,068 requirement of the device. Moreover, the specification further discloses (� 0006): Irrespective of orientation, a convective device utilized for convective thermal treatment of persons performs at least three basic functions. These functions are 1) the conveyance of thermally conditioned air from at least one inlet port into the device, 2) the imposition of a heat gain or loss that changes the temperature of the thermally conditioned air, and 3) the extravasation of the thermally conditioned air from the device. The three basic functions performed by the convective device do not include expelling air onto a person. Thus, it reasonably appears that the capability of expelling air onto a person is an embodiment, rather than a requirement, of the convective device. We remand the application for the examiner and the appellants to address on the record whether the broadest reasonable interpretation of “convective device” in view of the appellants’ specification requires that the device is capable of expelling air onto a person.2 Shelton discloses an inflator device which, when attached to a plastic bag (94) such as an ordinary 30 gallon or 55 gallon bag, provides a large volume of air at low pressure for inflating air-inflatable objects (96) such as boats, air mattresses and 2 If the examiner continues to rely upon Kappel, the examiner must explain why Kappel’s device, which has perforations (70) for forced air convection onto a person (col. 2, lines 45-48), indicates that Shelton’s device for inflating air-inflatable objects (col. 1, lines 5-7) is a convective device. 4Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: September 9, 2013